Senate Bill S3274

                                 BILL NUMBER:  S3274

 TITLE OF BILL :
An act to amend the alcoholic beverage control law, in relation to the
definition of "cider"

 SUMMARY OF PROVISIONS :
Summary of Provisions: Section 7-b of Article 1 of the Alcoholic
Beverage Control Law is amended to reflect changes in federal
regulations (Title 27, Part 24, Section 4.21 (e)(5)) to allow fruit
wine products produced with apples or pears to be labeled as cider.
Section 7-b is also amended to allow, consistent with federal
regulations, the production and labeling of a New York State cider
with other fruits, including but not limited to pear, peach,
blackberry, raspberry, cherry, currants, and honey so long as the
finished cider beverage does not exceed the existing threshold of
seven per centum alcohol by volume.

 JUSTIFICATION :
New York's wineries and cider producers have been gaining national and
international recognition, since the 2005 passage and enactment of
interstate shipment. Farm wineries, commercial wineries and cider
producers have all experienced rapid growth in demand for products,
and are making investments in the industry that will preserve and
protect farmland, and contribute to the local economies. However, New
York's alcoholic beverage control law is not as up to date or
              

reflective of current industry conditions and needs as the Code of
Federal Rules and Regulations which is regularly reviewed and updated
by the Alcohol and Tobacco Tax and Trade Bureau (TTB). This
legislation will clarify that cider producers in New York State are
able to add other fruits, either fermented or non fermented (so long
as it does not exceed the alcoholic content of up to seven percentum),
consistent with existing federal rules and regulations.  This
legislation will also allow producers of a fruit wine, made from
apples or pears, to label the product as a cider again consistent with
federal regulations.

Cider producers in New York State are reporting that customer tastes
and trends are drawn to a new cider product, not just made from
apples, and would like to expand their businesses to meet this growing
demand.

 LEGISLATIVE HISTORY :
S.4638 of 2007/2008

 FISCAL IMPLICATIONS :
None to state, cider producers already pay a licensing fee pursuant to
the alcoholic beverage control, this bill simply changes the
definition of what can be labeled as a cider product.

 EFFECTIVE DATE :
This act shall take effect immediately.